NMSA 1978, § 50-14-1 Short title
50-14-1. Short title
Chapter 50, Article 14 NMSA 1978 may be cited as the "Workforce Development Act".
Laws 1999, ch. 260, § 1; 2005, ch. 111, § 3.
Workforce Development
NMSA 1978 ch. 50, art. 14
in effectNMSA 1978, § 50-14-1.1 Purpose
50-14-1.1. Purpose
The purpose of the Workforce Development Act is to coordinate and maximize the effectiveness of workforce programs in New Mexico regardless of funding sources or primary administrative responsibilities.
Laws 2005, ch. 111, § 9.
NMSA 1978, § 50-14-2 Definitions
50-14-2. Definitions
As used in the Workforce Development Act [9-26-1 to 9-26-14 NMSA 1978]:
A. "board" means the state workforce development board;
B. "chief elected official" means the chief elected executive officer of a unit of general local government in a local area and in a case in which a local area includes more than one unit of general local government, "chief elected official" means the person designated under the agreement described in Section 117 (c)(1)(B) of the federal Workforce Investment Act of 1998;
C. "employment training program" means a program or a part of a program, regardless of which state or local agency administers it, that has as its primary purpose assisting persons in obtaining or enhancing employment;
D. "local board" means a local workforce development board; and
E. "office" or "division" means the workforce transition services division of the workforce solutions department.
Laws 1999, ch. 260, § 2; 2005, ch. 111, § 4; 2007, ch. 200, § 18.
NMSA 1978, § 50-14-3 State workforce development board
50-14-3. State workforce development board
A. The "state workforce development board" is created. The board consists of members appointed as provided in the federal Workforce Investment Act of 1998.
B. Appointments of members shall have taken into consideration gender, ethnicity and geographic diversity.
C. A vacancy on the board shall be filled in the same manner as regular appointments are made for the unexpired portion of the regular term.
D. All terms of the public members shall be for four years.
E. The governor shall appoint one of the business representatives as chairman of the board.
F. The board shall meet at the call of the chair.
G. A majority of the board members constitutes a quorum.
H. Members are eligible to be paid pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
I. A member of the board may not vote on a matter under consideration by the board relating to provision of services by the member or by the entity the member represents, or that would provide direct financial benefit to the member or the member's immediate family, or engage in any other activity determined by the governor to be a conflict of interest as provided in the state plan prepared pursuant to the federal Workforce Investment Act of 1998.
Laws 1999, ch. 260, § 3; 2004, ch. 21, § 1; 2005, ch. 111, § 5.
NMSA 1978, § 50-14-4 Duties of the board
50-14-4. Duties of the board
A. The board shall assist the governor in:
(1) developing a five-year state plan that shall be updated annually and revised in accordance with the requirements of the federal Workforce Investment Act of 1998;
(2) developing and improving the statewide activities funded pursuant to the workforce investment system and the one-stop delivery system, including development of linkages to ensure coordination and nonduplication among the programs and activities described in the federal Workforce Investment Act of 1998;
(3) reviewing local plans;
(4) commenting annually on the measures taken pursuant to Section 113(b)(14) of the federal Carl D. Perkins Vocational and Applied Technology Education Act;
(5) developing allocation formulas for adult and youth employment training program funds to local areas in accordance with the federal Workforce Investment Act of 1998;
(6) developing comprehensive state performance measures to assess the effectiveness of workforce investment activities pursuant to the federal Workforce Investment Act of 1998;
(7) designating local workforce development areas;
(8) developing the statewide employment statistics system; and
(9) preparing reports and applications required for submission to the federal government.
B. The board shall also:
(1) review, evaluate and report annually on the performance of all workforce development activities administered by state agencies involved with workforce development;
(2) develop linkages with the public education department and the commission on higher education to ensure coordination and nonduplication of vocational education, apprenticeship, adult education, employment training programs and vocational rehabilitation programs with other workforce development and training programs; and
(3) provide policy advice regarding the application of federal or state law that pertains to workforce development.
C. To assist the board in fulfilling its duties, it is authorized to establish committees, one of which shall be a "coordination oversight committee". Except as provided for the coordination oversight committee in Subsections D and E of this section, the board shall appoint committee members and assign duties to committees as the board deems appropriate. The chair of the board shall appoint committee chairs from among members of the board.
D. The coordination oversight committee shall consist of the secretaries of economic development, human services, labor and public education; a representative from community colleges; a representative from the commission on higher education; a representative of labor; two legislators from different political parties, one from the senate and one from the house of representatives; the director of the office; and the committee chair.
E. The duties of the coordination oversight committee include the following:
(1) the secretaries of economic development, labor and human services shall propose five-, ten- and fifteen-year regional and statewide strategic plans for employment growth and training in New Mexico for the committee's consideration and possible recommendation for approval to the board as part of the state plan;
(2) the secretary of public education and the representative from the commission on higher education shall propose appropriate education plans for secondary education that address the strategic plans proposed by the secretaries of economic development, human services and labor for the committee's consideration and possible recommendation for approval to the board as part of the state plan;
(3) the committee's proposals to the board shall facilitate a career pathways culture and, at a minimum, include reference to foundation skills as developed by the United States secretary of labor's commission on achieving necessary skills, a job analysis that the economic development department shall produce after consultation with incumbent workers and employers, an available skills assessment and training targets;
(4) the board member from the community colleges shall solicit input from the community college constituency and work with regional and statewide businesses and other partners and the economic development department to create career pathways and align curriculum and facilitate plans with the economic development department, human services department [health care authority department] and labor department strategic plans;
(5) the committee shall, after consultation with the state chief information officer, develop and propose strategies for coordination of information technology for the purposes of providing participants access to all appropriate state services; collecting and managing data to allow reporting and analysis of uniform performance data related to all appropriate employment training programs; and sharing and integrating appropriate workforce data across agencies and appropriate nongovernmental partners for identifying needs, setting policy and coordinating strategies;
(6) the committee shall recommend for the board's approval the coordination of program designs to avoid duplication or unproductive segmentation of services; and
(7) the committee shall recommend for the board's approval the coordination of state agency efforts to progress toward comprehensive, customer-driven one-stop centers through co-location of mandatory and recommended partner service delivery points for workforce development.
F. All state agencies involved in workforce development activities shall annually submit to the board for its review and potential inclusion in the five-year plan their goals, objectives and policies. The plan shall include recommendations to the legislature on the modification, consolidation, initiation or elimination of workforce training and education programs in the state.
Laws 1999, ch. 260, § 4; 2005, ch. 111, § 6.
NMSA 1978, § 50-14-5 Local workforce development areas; local boards; duties and responsibilities
50-14-5. Local workforce development areas; local boards; duties and responsibilities
A. The governor shall designate specified local workforce development areas based on population and geographic configuration and consistent with provisions of the federal Workforce Investment Act of 1998 upon recommendation of the board and consideration of needs expressed by chief elected officials, business, labor and other interested parties.
B. The chief elected officials of each workforce development area shall establish a local board and appoint members based on the criteria established by the governor, the board and the federal Workforce Investment Act of 1998.
C. Each local board shall:
(1) advise the board on issues relating to regional and local workforce development needs;
(2) develop and submit to the board and the office a local five-year workforce plan that shall be updated and revised annually in accordance with requirements of the federal Workforce Investment Act of 1998;
(3) designate or certify one-stop program operators in accordance with the federal Workforce Investment Act of 1998;
(4) terminate, for cause, the eligibility of one-stop operators;
(5) select and provide grants to youth activity providers in accordance with the federal Workforce Investment Act of 1998;
(6) identify eligible training and intensive service providers in accordance with the federal Workforce Investment Act of 1998;
(7) develop a budget subject to the approval of the chief elected official;
(8) develop and negotiate local performance measurements as described in the federal Workforce Investment Act of 1998 with the chief elected official and the office;
(9) assist in development of an employment statistics system;
(10) ensure linkages with economic development activities;
(11) encourage employer participation and assist employers in meeting hiring needs;
(12) in partnership with the chief elected official, conduct oversight of local programs of youth activities authorized pursuant to the federal Workforce Investment Act of 1998 and employment and training activities pursuant to that act, and the one-stop delivery system in the local area;
(13) if required by the federal Workforce Investment Act of 1998, or if not required, at the local board's discretion, establish as a subgroup a youth council, appointed by the local board in cooperation with the chief elected official;
(14) prior to submission of the local plan, provide information regarding the following:
(a) the local plan;
(b) membership;
(c) designation and certification of one-stop operators; and
(d) the award of grants or contracts to eligible providers of youth activities;
(15) approve employment training programs directly linked to occupations in demand in the local area in order to provide for self-sufficiency;
(16) approve employment training programs linked to sectors of the economy or industry clusters that have a high potential for sustained demand or growth;
(17) annually review the performance of employment training programs for the purposes of renewing or canceling their certifications;
(18) report to the office and the board quarterly on the progress and overall effectiveness of one-stop operator performance as set forth in rules promulgated by the office; and
(19) report to the office and the board quarterly on the progress and effectiveness of the provision of services to employers, including a needs assessment for local business communities.
D. The local board shall be appointed in accordance with criteria established by the office with a minimum of fifty-one percent of its members coming from the private sector and shall include representation of education, labor, government, economic development and community-based organizations and others as appropriate and shall be appointed or ratified by the local chief public official.
E. Nothing in the Workforce Development Act shall be construed to provide a local board with the authority to mandate curricula for schools.
F. A member of the local board may not vote on a matter under consideration by the local board relating to provision of services by the member or by the entity the member represents, or that would provide direct financial benefit to the member or the member's immediate family, or engage in an activity determined by the governor to be a conflict of interest as provided in the state plan prepared pursuant to the federal Workforce Investment Act of 1998.
Laws 1999, ch. 260, § 5; 2005, ch. 111, § 7.
NMSA 1978, § 50-14-6 Youth councils; membership; duties
50-14-6. Youth councils; membership; duties
A. The provisions of this section apply to the extent required by the federal Workforce Investment Act of 1998.
B. The membership of each youth council shall include:
(1) members of the local board with interest or expertise in youth policy; representatives of youth service agencies, including juvenile justice and law enforcement agencies; and representatives of local public housing;
(2) parents of eligible youth seeking assistance;
(3) persons, including former participants as defined pursuant to the New Mexico Works Act [Chapter 27, Article 2B NMSA 1978], and representatives of organizations, that have experience relating to youth activities;
(4) representatives of job corps, as appropriate; and
(5) other persons that the chairman of the local board, in cooperation with the chief elected official, determines to be appropriate.
C. Members of the youth council who are not members of the local board shall be voting members of the youth council and nonvoting members of the local board.
D. The duties of the youth council shall include:
(1) developing the portions of the local plan relating to eligible youth, as determined by the chairman of the local board;
(2) recommending eligible youth providers to the local board;
(3) conducting oversight of eligible providers of youth activities and coordinating youth activities authorized pursuant to the federal Workforce Investment Act of 1998 subject to the approval of the local board; and
(4) performing other duties as determined to be appropriate by the chairman of the local board.
E. A member of a local board or youth council may not vote on a matter under consideration by the local board regarding the provision of services by the member or by an entity that the member represents or that would provide direct financial benefit to the member or the immediate family of the member engaged in any activity determined by the governor to constitute a conflict of interest as specified in the state plan prepared pursuant to the federal Workforce Investment Act of 1998.
Laws 1999, ch. 260, § 6; 2005, ch. 111, § 8.
NMSA 1978, § 50-14-8 Legislative powers
50-14-8. Legislative powers
Any money received by the state pursuant to the federal Workforce Investment Act of 1998 shall be subject to appropriation by the legislature consistent with the terms and conditions required by that act.
Laws 1999, ch. 260, § 8.
NMSA 1978, § 50-14-9 Workforce transition services division
50-14-9. Workforce transition services division
A. The "workforce transition services division" is created in the workforce solutions department.
B. The division shall be the recipient of all grants from the United States pursuant to the federal Workforce Investment Act of 1998 and shall disburse those grants consistent with that act and the Workforce Development Act [Chapter 50, Article 14 NMSA 1978].
C. The division shall administer the provisions of the Workforce Development Act and is the governor's designee for the state with authority to administer New Mexico's program pursuant to the federal Workforce Investment Act of 1998. In performance of that duty and the duties set forth in Section 50-14-10 NMSA 1978, the division has the general power to:
(1) sue and, subject to the provisions of the Tort Claims Act [41-4-1 to 41-4-27 NMSA 1978], be sued;
(2) enter into contracts, joint powers agreements and other contracts for workforce development services and administer related programs with other state agencies; local governments; state institutions of higher learning; Indian nations, tribes or pueblos; regional provider networks; and corporations authorized to do business in the state;
(3) take administrative action by issuing orders and instructions, not inconsistent with law, to ensure implementation of and compliance with the provisions of law for which the division is responsible and to enforce those orders and instructions by appropriate administrative actions or actions in courts;
(4) promulgate, following the procedure in Subsection E of Section 9-1-5 NMSA 1978, reasonable rules necessary to carry out the duties of the division; and
(5) take all other actions necessary to meet the purposes of the Workforce Development Act.
Laws 2005, ch. 111, § 10; 2007, ch. 200, § 19.
NMSA 1978, § 50-14-10 Division; duties
50-14-10. Division; duties
The division shall:
A. provide technical, administrative and fiscal agent support to the board;
B. develop a unified, comprehensive plan for streamlining and integrating employment training programs, including the consolidation of all employment training programs, into the division. The division shall report annually to the governor and the legislature generally the progress and effectiveness of the workforce development system no later than September 1;
C. develop a performance-based system of accountability for employment training programs, including the board, local boards, one-stop centers and training providers, which system shall include key performance benchmarks to be used to monitor and assess performance;
D. monitor compliance with performance-based and coordination standards, including such standards as the division establishes by rule, with approval of the board, or that the board has adopted in the state plan, for the state's employment training programs regardless of funding source or the administrative agency that receives the funds. In performing this duty, the division:
(1) may issue subpoenas to appear and answer questions or produce documents;
(2) may investigate substantial allegations of improper financial or program activities;
(3) shall submit compliance reports to the governor; and
(4) shall, with approval of the governor, issue such corrective action orders as are necessary to enforce compliance, including orders that suspend funding for employment training programs or that transfer the programs to another agency;
E. promote the active participation and partnership with community colleges wherever possible throughout the state, which shall include the use of community colleges in creating career pathways and the use of available partnership incentives with local boards to use community college facilities for one-stop locations, co-location opportunities and specifically designed training programs; and
F. provide oversight and technical support for local boards to assist them in achieving independence and meeting performance standards while implementing statewide goals and directions.
Laws 2005, ch. 111, § 11; 2007, ch. 200, § 20.
NMSA 1978, § 50-14-11 Skills council
50-14-11. Skills council
The chair of the board and the chairs of each of the local boards shall appoint one member from each of their respective bodies to form an ad hoc skills council that shall identify state and regional industry clusters for the coordination oversight committee of the board for the purposes of developing coordinated, targeted workforce training programs.
Laws 2005, ch. 111, § 12.
NMSA 1978, § 50-14-12 Cooperation with federal government; agency designation
50-14-12. Cooperation with federal government; agency designation
A. The office may cooperate with the federal government in the administration of employment training and public assistance programs in which financial or other participation by the federal government is authorized or mandated under federal laws, rules or orders.
B. The office, on behalf of the governor, may enter into agreements with agencies of the federal government to implement employment training and public assistance programs subject to availability of appropriated state funds and any provisions of state laws applicable to the agreements or participation by the state.
C. The governor may designate the office or any agency as the single state agency for the administration of an employment training program, either by the governor's own discretion or when the designation is a condition of federal financial or other participation in the program under applicable federal law, rule or order; provided, however, that no designation of a single state agency under the authority granted in this section shall be made in contravention of state law.
Laws 2005, ch. 111, § 13.
NMSA 1978, § 50-14-13 Agency cooperation
50-14-13. Agency cooperation
Notwithstanding any other provision of law, all agencies, institutions and political subdivisions of the state that administer employment training or public assistance programs shall, consistent with state and federal statutes, cooperate with the office in the exercise of its coordination and inspection authority.
Laws 2005, ch. 111, § 14.
NMSA 1978, § 50-14-14 Temporary provision; transfer of personnel, appropriations, equipment, supplies, records, money and contracts
50-14-14. Temporary provision; transfer of personnel, appropriations, equipment, supplies, records, money and contracts
On the effective date of this act:
A. all staff positions and all money, appropriations, records, furniture, equipment, supplies and other property belonging to the labor department or the job training division on the effective date of this act and funded or purchased by federal Workforce Investment Act of 1998 grants are transferred to the office of workforce training and development. The labor department shall produce an accounting of all staff positions funded and property purchased in any part by such grants. For those staff positions and items of property that the grants partially funded or purchased, the labor department shall transfer sufficient full-time-equivalent positions, money or property of sufficient value to the office of workforce training and development to achieve a complete transition to the office of workforce training and development;
B. all existing contracts, agreements and other obligations in effect for the labor department or the job training division and funded by federal Workforce Investment Act of 1998 grants shall be binding on the office of workforce training and development;
C. all pending cases, legal actions, appeals and other legal proceedings and all pending administrative proceedings that involve the labor department or the job training division and arise out of administration or enforcement of the federal Workforce Investment Act of 1998 or the Workforce Development Act shall be unaffected and shall continue in the name of the office of workforce training and development;
D. all rules, orders and other official acts of the labor department or the job training division arising out of the administration and enforcement of the federal Job Training Partnership Act, the federal Workforce Investment Act of 1998 and the Workforce Development Act shall continue in effect until amended, replaced or repealed by the office of workforce training and development; and
E. all references in law, rules, orders and other official acts to the labor department or the job training division and related to the administration and enforcement of the federal Workforce Investment Act of 1998 or the Workforce Development Act shall be construed to be references to the office of workforce training and development.
Laws 2005, ch. 111, § 22.
NMSA 1978, § 50-14-15 Temporary provision; transfer of personnel, appropriations, equipment, supplies, records, money and contracts for the Individual Development Account Act
50-14-15. Temporary provision; transfer of personnel, appropriations, equipment, supplies, records, money and contracts for the Individual Development Account Act
A. On July 1, 2005, all staff positions and all money, appropriations, records, furniture, equipment, supplies and other property of the local government division of the department of finance and administration used to administer the Individual Development Account Act [Chapter 58, Article 30 NMSA 1978] are transferred to the office of workforce training and development. All federal program grants and fund allocations or other payments made to the local government division for the Individual Development Account Act shall be transferred to the office of workforce training and development and shall not be commingled with other funds of the office or be used for any other purpose except for administration of the programs for which these funds were granted.
B. All existing contracts and agreements in effect pertaining to the local government division of the department of finance and administration's administration of the Individual Development Account Act shall be binding and effective on the office of workforce training and development.
C. The rules, orders and decisions of the local government division of the department of finance and administration pertaining to the Individual Development Account Act in effect on June 30, 2005 shall remain in effect until repealed or amended.
Laws 2005, ch. 111, § 23.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18553/index.doFetched: 10/20/2026